When a boundary dispute puts a home on the line

The media was awash recently with the story of two feuding neighbours whose long-running dispute led to one having to move house.

According to reports, 77-year-old Jenny Field removed a boundary fence which she claimed encroached on her land by 12 inches. A five-year legal battle ensued, resulting in Ms Field being ordered to sell her property to pay her neighbour’s legal fees.

The case is a reminder of just how difficult and expensive boundary disputes can become, irrespective of the extent of the land in dispute. Whether the issue is about acres of farmland, a shared driveway, or an overhanging tree, things can escalate quickly. Positions can become entrenched, relations soured, and serious consequences may follow for one or both parties.

But not every boundary dispute needs to follow that path. Here are our tips for resolving issues before they gather pace:

1. Get early legal advice

This isn’t about escalating the situation by bringing in a legal team prematurely. The first step is to establish where you stand. Where exactly is your boundary? Do the legal records say it’s where you think it is? What does this clarification mean for you and for your neighbour?

2. Have a calm conversation

The ideal outcome is that you and your neighbour resolve the issue between yourselves. We help clients plan what to say, and what not to say, so that discussions are measured. It’s with the aim of nipping the problem in the bud as constructively as possible (remember, you still need to live next door to one another).

3. Embrace ADR

Alternative dispute resolution mechanisms can be effective ways of dealing with issues that have escalated but which have some prospect of being resolved without involving the courts. Mediation brings the two parties together and encourages them to find a way through their problem; qualified mediators are skilled in helping each person understand the issues and see the other’s perspective.

Arbitration is another form of ADR. Similar to a judge, the arbitrator will hear from each party and decide the outcome. It’s a quicker and less expensive procedure than court.

If you have found yourself in dispute with a neighbour, or you’re looking to clarify a boundary on your property, contact our team on litigation@bsandi.co.uk or call 01264 353411 now.